Costologh, lord president of Connaght, Donnogh lord viscount Muskerry, Francis lord baron of Athunry, &c. or any seven or more of them, in case of refractories or delinquency, may distrain and imprison, and cause such delinquents to be distrained and imprisoned. And the said Thomas lord viscount Dillon of Costologh, lord president of Connaght, Donnogh lord viscount Muskerry, Francis lord baron of Athunry, &c. or any seven or more of them, make perfect books of all such moneys as shall be applotted, raised, or levied, out of which books they are to make several and respective abstracts, to be delivered under their hands, or the hands of any seven or more of them, to the several and respective collectors, which shall be appointed to levy and receive the same. And that a duplicate of the said books, under the hands of the said Thomas lord viscount Dillon of Costologh, lord president of Connaght, Donnogh lord viscount Muskerry, Francis lord baron of Athunry, &c. or any seven or more of them, be delivered unto his majesty's lord lieutenant, or other chief governor or governors of this kingdom for the time being, whereby a perfect account may be given; and that the said Thomas lord viscount Dillon of Costologh, lord president of Connaght, Donnogh lord viscount Muskerry, Francis lord baron of Athunry, &c. or any seven or more of them, shall have power to call the council and congregation, and the respective supreme councils, and commissioners general, appointed hitherto from time to time, by the said confederate Roman Catholics, to manage their public affairs, and all other persons accountable, to an account, for all their receipts and dis bursements since the beginning of their respective employments under the confederate Roman Catholics.

XXVIII. Item, It is concluded, accorded, and agreed, by and between the said parties, and his majesty is graciously pleased, that for the preservation of the peace and tranquillity of the kingdom, the said lord lieutenant, and the said Thomas lord viscount Dillon of Costologh, lord president of Connaght, Donnogh lord viscount Muskerry, Francis lord baron of Athunry, &c., or any seven or more of them, shall for the present agree upon such persons, who are to be authorized by commission under the great seal, to be commissioners of the peace, oyer and terminer, assizes and gaol-delivery, in and throughout the kingdom, to continue during pleasure, with such power as justices of the peace, oyer and terminer, assizes and gaol-delivery in former time of peace have usually had, which is not to extend unto any crime or offence committed before the first of May last past, and to be qualified with power to hear and determine all civil causes coming before them, not exceeding ten pounds: provided that they shall not intermeddle with titles of lands; provided likewise, the authority of such commissioners shall not extend to question any person or persons, for any shipping, cattle, or goods, heretofore taken by either party from the other, or other injuries done contrary to the articles of cessation, concluded by and with the said Roman Catholic party in or since May last, but that the same shall be determined by such indifferent persons, as the lord lieutenant, by the advice and consent of the said Thomas lord viscount Dillon of Costologh, lord president of Connaght, Donnogh lord viscount Muskerry, Francis lord baron of Athunry, &c., or any seven or more of them, shall think fit, to the end that speedy and equal justice may be done to all parties grieved; and the said commissioners are to make their estreats as accustomed of peace, and shall take the ensuing oath, viz. You shall swear, that as justice of the peace, oyer and terminer, assizes and gaol-delivery in the counties of A. B. in all articles of the commission to you directed, you shall do equal right to the poor and to the rich, after your cunning and wit and power, and after the

laws and customs of the realm, and in pursuance of these articles: and you shall not be of counsel of any quarrel hanging before you; and the issues, fines, and amerciaments, which shall happen to be made, and all forfeitures which shall happen before you, you shall cause to be entered without any concealment or embezzling, and send to the court of exchequer, or to such other place as his majesty's lord lieutenant, or other chief governor or governors of this kinghom, shall appoint, until there may be access unto the said court of exchequer: you shall not lett for gift or other cause, but well and truly you shall do your office of justice of peace, oyer and terminer, assizes and gaol-delivery in that behalf; and that you take nothing for your office of justice of the peace, oyer and terminer, assizes and gaol-delivery to be done, but of the king, and fees accustomed; and you shall not direct, or cause to be directed, any warrant by you, to be made to the parties, but you shall direct them to the sheriffs and bailiffs of the said counties respectively, or other the king's officers or ministers, or other indifferent persons to do execution thereof. So help your God, &c.

And that as well in the said commission, as in all other commissions and authorities to be issued in pursuance of the present articles, this clause shall be inserted, viz. That all officers, civil and martial, shall be required to be aiding and assisting and obedient unto the said commissioners, and other persons, to be authorized as aforesaid in the execution of their respective powers.

XXIX. Item, It is further concluded, accorded, and agreed upon, by and between the said parties, and his majesty is further graciously pleased, that his majesty's Roman Catholic subjects do continue the possession of such of his majesty's cities, garrisons, towns, forts, and castles, which are within their now quarters, until settlement by parliament, and to be commanded, ruled, and governed in chief, upon occasions of necessity, (as to the martial and military affairs,) by such as his majesty, or his chief governor or governors of this kingdom for the time being, shall appoint; and the said appointment to be by and with the advice and consent of the said Thomas lord viscount Dillon of Costologh, lord president of Connaght, Donnogh lord viscount Muskerry, Francis lord baron of Athunry, &c., or any seven or more of them; and his majesty's chief governor or governors, is to issue commissions accordingly to such persons as shall be so named and appointed as aforesaid, for the executing of such command, rule, or government, to continue until all the particulars in these present articles, agreed on to pass in parliament, shall be accordingly passed: only in case of death or misbehaviour, such other person or persons to be appointed for the said command, rule, or government, to be named aud appointed in the place or places of him or them, who shall so die or misbehave themselves, as the chief governor or governors for the time being, by the advice and consent of the said Thomas lord viscount Dillon of Costologh, lord president of Connaght, Donnogh lord viscount Muskerry, Francis lord baron of Athunry, &c., or any seven or more of them, shall think fit, and to be continued until a settlement in parliament as aforesaid.

XXX. Item, It is further concluded, accorded, and agreed upon, by and between the said parties, and his majesty is further graciously pleased, that all customs and tenths of prizes belonging to his majesty, which from the perfection of these articles shall fall due within this kingdom, shall be paid unto his majesty's receipt, or until recourse may be had thereunto in the ordinary legal way, unto such person or persons, and in such place or places, and under such controls, as the lord lieutenant shall appoint to be disposed of, in order to the defence and safety of the kingdom, and the defraying of

other the necessary public charges thereof, for the ease of the subjects in other their levies, charges, and applotments. And that all and every person or persons, who are at present entrusted and employed by the said Roman Catholics in the entries, receipts, collections, or otherwise, concerning the said customs and tenths of prizes, do continue their respective employments in the same, until full settlement in parliament, accountable to his majesty's receipts, or until recourse may be had thereunto; as the said lord lieutenant shall appoint as aforesaid, other than to such, and so many of them, as to the chief governor or governors for the time being, by and with the advice and consent of the said Thomas lord viscount Dillon of Costologh, lord president of Connaght, Donnogh lord viscount Muskerry, Francis lord baron of Athunry, &c., or any seven or more of them, shall be thought fit to be altered; and then, and in such case, or in case of death, fraud, or misbehaviour, or other alteration of any such person or persons, then such other person or persons to be employed therein, as shall be thought fit by the chief governor or governors for the time being, by and with the advice and consent of the said Thomas lord viscount Dillon of Costologh, lord president of Connaght, Donnogh lord viscount Muskerry, Francis lord baron of Athunry, &c., or any seven or more of them; and when it shall appear, that any person or persons, who shall be found faithful to his majesty, hath right to any of the offices or places about the said customs, whereunto he or they may not be admitted until settlement in parliament as aforesaid, that a reasonable compensation shall be afforded to such person or persons for

the same.

XXXI. Item, As for and concerning his majesty's rents payable at Easter next, and from thenceforth to grow due, until a settlement in parliament, it is concluded, accorded, and agreed upon, by and between the said parties, and his majesty is graciously pleased, that the said rents be not written for, or levied, until a full settlement in parliament; and in due time upon application to be made to the said lord lieutenant, or other chief governor or governors of this kingdom, by the said Thomas lord viscount Dillon of Costologh, lord president of Connaght, Donnogh lord viscount Muskerry, Francis lord baron of Athunry, &c., or any seven or more of them, for remittal of those rents, the said lord lieutenant, or any other chief governor or governors of this kingdom for the time being, shall intimate their desires, and the reason thereof, to his majesty, who, upon consideration of the present condition of this kingdom, will declare his gracious pleasure therein, as shall be just, and honourable, and satisfactory to the reasonable desires of his subjects.

XXXII. Item, It is concluded, accorded, and agreed, by and between the said parties, and his majesty is graciously pleased, that the commissioners of oyer and terminer and gaol-delivery to be named as aforesaid, shall have power to hear and determine all murders, manslaughters, rapes, stealths, burning of houses and corn in rick or stack, robberies, burglaries, forcible entries, detainers of possessions, and other offences committed or done, and to be committed and done since the first day of May last past, until the first lay of the next parliament, these present articles, or any thing therein con tained to the contrary notwithstanding; provided, that the authority of the said commissioners shall not extend to question any person or persons, for doing or committing any act whatsoever, before the conclusion of this treaty, by virtue or colour of any warrant or direction from those in public authority among the confederate Roman Catholics, nor unto any act, which shall be one after the perfecting and concluding of these articles, by virtue or prefence of any authority, which is now by these articles agreed on: provided also, VOL. I.

53

that the said commission shall not continue longer than the first day of the next parliament.

XXXIII. Item, It is concluded, accorded by and between the said parties, and his majesty is further graciously pleased, that, for the determining such differences, which may arise between his majesty's subjects within this kingdom, and the prevention of inconvenience and disquiet, which through want of due remedy in several causes may happen, there shall be judicatures established in this kingdom, and that the persons to be authorized in them shall have power to do all such things as shall be proper and necessary for them to do; and the said lord lieutenant, by and with the advice and consent of the said Thomas lord viscount Dillon of Costologh, lord president of Connaght, Donnogh lord viscount Muskerry, Francis lord baron of Athunry, &c., or any seven or more of them, shall name the said persons so to be authorized, and to do all other things incident unto and necessary for the settling of the said intended judicatures.

XXXIV. Item, At the instance, humble suit, and earnest desire of the general assembly of the confederate Roman Catholics, it is concluded, accorded, and agreed upon, that the Roman Catholic regular clergy of this kingdom, behaving themselves conformable to these articles of peace, shall not be molested in the possessions which at present they have of, and in the bodies, sites, and precincts of such abbeys and monasteries belonging to any Roman Catholic within the said kingdom, until settlement by parliament; and that the said clergy shall not be molested in the enjoying such pensions as hitherto since the wars they enjoyed for their respective livelihoods from the said Roman Catholics: and the sites and precincts hereby intended, are declared to be the body of the abbey, one garden and orchard to each abbey, if any there be, and what else is contained within the walls, meers, or ancient fences or ditch, that doth supply the wall thereof, and

no more.

XXXV. Item, It is concluded, accorded, and agreed, by and between the said parties, that as to all other demands of the said Roman Catholics, for or concerning all or any the matters proposed by them, not granted or assented unto in and by the aforesaid articles, the said Roman Catholics be referred to his majesty's gracious favour and further concessions. In witness whereof the said lord lieutenant, for and on the behalf of his most excellent majesty, to the one part of these articles remaining with the said Roman Catholics, hath put his hand and seal: and sir Richard Blake, knt., in the chair of the general assembly of the said Roman Catholics, by order, command, and unanimous consent of the said Catholics in full assembly, to the other part thereof remaining with the said lord lieutenant, hath put to his hand and the public seal hitherto used by the said Roman Catholics, the 17th of January, 1648, and in the 24th year of the reign of our sovereign lord Charles, by the grace of God, king of Great Britain, France, and Ireland, &c.

SIR, I have not thus long foreborne to invite you, with those under your command, to a submission to his majesty's authority in me, and a conjunction with me, in the ways of his service, out of any the least aversion I had to you or any of them, or out of any disesteem I had to your power, to advance or impede the same; but out of my fear, whiles those, that have of late usurped power over the subjects of England, held forth the least colourable shadow of moderation in their intentions towards the settlement of church or state, and that in some tolerable way with relation to religion, the interest of the king and crown, the freedom of parliament, the liberties of the subject,

any addresses from me proposing the withdrawing of that party from those thus professing, from whom they have received soine, and expected further support, would have been but coldly received, and any determination thereupon deferred, in hope and expectation of the forementioned settlement; or that you yourself, who certainly have not wanted a foresight of the sad confusion now covering the face of England, would have declared with me, the lord Inchequeen, and the Protestant army in Munster, in prevention thereof; yet my fear was, it would have been as difficult for you, to have carried with you the main body of the army under your command, (not so clear-sighted as yourself,) as it would have been dangerous to you and those with you well-inclined, to have attempted it without them; but now that the mask of hypocrisy, by which the independent army hath ensnared and enslaved all estates and degrees of men, is laid aside, now that, barefaced, they evidently appear to be the subverters of true religion, and to be the protectors and inviters not only of all false ones, but of irreligion, and atheism, now that they have barbarously and inhumanly laid violent, sacrilegious hands upon and murdered God's anointed, and our king, not as heretofore some parricides have done, to make room for some usurper, but in a way plainly manifesting their intentions to change the monarchy of England into anarchy, unless their aim be first to constitute an elective kingdom; and Cromwell or some such John of Leyden being elected, then by the same force, by which they have thus far compassed their ends, to establish a perfect Turkish tyranny; now that of the three estates of king, lords, and commons, whereof in all ages parliaments have consisted, there remains. only a small number, and they the dregs and scum of the house of commons, picked and awed by the army, a wicked remnant, left for no other end, than yet further if it be possible to delude the people with the name of a parliament: the king being murdered, the lords and the rest of the commons being by unheard-of violence at several times forced from the houses, and some imprisoned. And now that there remains no other liberty in the subject but to profess blasphemous opinions, to revile and tread under foot magistracy, to murder magistrates, and oppress and undo all that are not likeminded with them. Now I say, that I cannot doubt but that you and all with you under your command will take this opportunity to act and declare against so monstrous and unparalleled a rebellion, and that you and they will cheerfully acknowledge, and faithfully serve and obey our gracious king Charles II. undoubted heir of his father's crown and virtues; under whose right and conduct we may by God's assistance restore protestant religion to purity; and therein settle it, parliaments to their freedom, good laws to their force, and our fellow-subjects to their just liberties; wherein how glorious and blessed a thing it will be, to be so considerably instrumental, as you may now make yourself, I leave to you now to consider And though I conceive there are not any motives relating to some parti cular interest to be mentioned after these so weighty considerations, which are such as the world hath not been at any time furnished with yet I hold it my part to assure you, that as there is nothing you can reasonably propose for the safety, satisfaction, or advantage of yourself, or of any that shall adhere to you in what I desire, that I shall not to the uttermost of my power provide for; so there is nothing I would, nor sha. more industriously avoid, than those necessities arising from my duty to God and man, that may by your rejecting this offer force me to be a sad instru ment of shedding English blood, which in such case must on both sides happen. If this overture find place with you, as I earnestly wish it may, let me know with what possible speed you can, and if you please by the